Child custody, visitation, and parental relocation

Child custody, visitation, and parental relocation

On behalf of Stange Law Firm, PC posted in Child Custody on Wednesday, April 17, 2019.

Many people hope that their child custody issues will be resolved once and for all upon separation or divorce. The truth of the matter, though, is that child custody and visitation disputes can arise long after a couple splits. While Midwest parents need competent legal advocacy when negotiating or litigating child custody matters the first time around, they may also need that assistance when they deal with child custody and visitation modifications.

One commonly seen problem is parental relocation. This issue arises when a custodial parent seeks to move a significant distance away from the noncustodial parent. Of course, many concerns arise in these instances, including how the move will affect the relationship and bond between the child and the noncustodial parent. If the noncustodial parent consents to the move, then conflict may be avoided. However, oftentimes noncustodial parents feel like their relationship with their child is threatened by a proposed move, so they choose to contest the move.

This is why a court will assess these cases with the best interests of the child in mind. Therefore, a judge will consider a number of factors when determining whether parental relocation with a child furthers those interest. While the laws of each state may differ, courts will generally assess the reason for the move, the educational opportunities available to the child, and any familial supports in the proposed location. Of course, the court will also heavily weigh how the move will affect parenting time with a noncustodial parent and the relationship between the noncustodial parent and his or her child.

These are just a few of the many factors a court can consider in these matters. This leaves a lot of room for legal argument, which is why those who are dealing with these issues should think about acquiring the assistance of a skilled family law attorney who can help them make the best arguments possible given the circumstances at hand.

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